There is a case in NY that is important, where the U.S. Northern District Court ruled in Higbie v. James that New York’s concealed carry laws are violating the Second Amendment rights of nonresidents by making it nearly impossible for nonresidents to obtain a concealed carry license. It was sponsored by Gun Owners of America.
The plaintiffs in this case argued that they each have firearms licenses which permit them to bear arms in public in their respective states “and across most of the country.” They also claimed that New York does not permit them to carry their firearms while they are in New York solely because they are not residents or employees of the State. They argued that New York’s licensing scheme is an extreme outlier among the states because at least 27 states do not even require a permit to carry a concealed firearm in public, while the vast majority that do require permits will issue permits to out-of-state residents. The US District Court agreed, and struck down NY’s complicated and overly onerous regulations as being unconstitutionally designed to deny nonresidents their constitutional rights under the Second Amendment. The court ruled that state lawmakers can not restrict concealed carry licenses to maintaining residency, property ownership, or business interests in the state.
The tyrants of NY government attempted to make the argument that their licensing measures were not entirely prohibitive for non-residential applicants, saying certain guidelines allowed for those who owned habitable property or a business stake in the state to apply for such a license. In essence, they claimed that, because they allowed one nonresident to have a permit, this excused violating the rights of the rest of them. In essence, they are relying on the “token negro” defense. The court rightly called them out on this.
Look, this case will have no direct impact upon the reality of CCW for nonresidents in New York. We all know that, because those ass clowns will simply find another way to violate the rights of US citizens while bleating loudly about the rights of illegal immigrants to take a dump on New York city streets. Even those residents who have permits nominally have to have criminal background checks, a mental health professional sign off on the permit, and multiple references.
The reality is that New York’s scheme is all about who you know and political payoffs when deciding who gets a permit. I know someone who has a New York carry permit. He also has a state police license plate, which starts with 1SP. He began telling me that the state police union had a series of special plates made, and they are only available through Hamilton county in New York. He claimed that this plate was given to “friends” of the police union, and the lower the number was that followed the 1SP, the more important you were to the cops. He said that this plate routinely gets him out of traffic and parking tickets. Not because he paid for it, nor did he jump through hoops. It’s because he knows someone, or as he puts it, “I’ve got a guy.”
This sounded like a lload of BS to me, so I activated my Google skills. What I found was that handing out special plate numbers is a common practice in New York. and I quote:
To some recipients, special license plates issued by the Saratoga County clerk are a symbol of county pride. For others, they are an inherited treasure passed on by a family member or loved one.
For many who have them — a list that ranges from county workers to state Supreme Court judges — an unwritten rule is that a lower number may indicate a special driver.
Indeed, an examination of the recipients of the special plates, which carry an “SP” prefix, shows they are coveted by a select group of government employees and elected officials, including judges, prosecutors, town supervisors, attorneys and political party leaders. The spouses and children of those people are also among those, estimated to be in the hundreds, who have the plates.
Now the SP prefix goes to Saratoga County. The 1SP prefix, which I can find little about, belongs to the State Police. This is how things are done there, from Concealed Weapons Permits to License plates, corruption and special favors rule the day.
They claim it is for “county pride” but I am sure there are not that many people who believe that. This is a way of announcing to the police that you are politically well connected and should receive special treatment.
The real impact of the Higbie case is that the noose is closing. The era of violating people’s rights to bear arms is closing through the courts. That doesn’t mean the fight os over. Evil, corruption, and man’s quest for power to rule others never ceases. That’s why the fight can’t either.
Donate to the GOA or the FPC. They are doing the work of patriots.
